# Establishing paternity in court in Georgia — lawyer

When parents aren't married and don't make a joint declaration, a child's paternity is established in court. We prepare the claim, request a DNA test and protect the interests of the child or the parent.

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Under Article 1190 of the Civil Code, the parentage of a child of unmarried parents is established by the parents' joint declaration. Without one, paternity is established in court — on the application of a parent, the child's guardian, the person supporting the child, or the child after reaching adulthood.
The court establishes paternity based on a biological (genetic) test. If that is impossible, it considers other evidence — living together, raising or supporting the child together, acknowledgment of paternity. Once paternity is established, the child has the same rights as a child of married parents — including child support and inheritance.

## An important deadline

A man with good reason to believe he is the child's father can challenge the civil registry record within 1 year of when he learned or should have learned of it.
A court may refuse to establish paternity if it is contrary to the child's interests.

## Our services

- Claim to establish paternity

- Requesting a DNA test

- Challenging the record of the father

- Claiming child support together with paternity

- Inheritance issues

- Defence for the respondent

## Questions & answers

### How is paternity established in court?

Mainly by DNA testing. If that's impossible, the court considers living together, raising or supporting the child together, and other evidence of acknowledgment.

### Who can apply to establish paternity?

A parent, the child's guardian, the person supporting the child, or the child after reaching adulthood.

### Can child support be claimed too?

Yes. Once paternity is established, the child has the same rights as a child of married parents — including the right to support.

## Legal basis

- [Civil Code of Georgia](https://matsne.gov.ge/ka/document/view/31702)

- [Civil Procedure Code of Georgia](https://matsne.gov.ge/ka/document/view/29962)

Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge.

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Source: https://mmlaw.ge/en/establishing-paternity/ · MMLAW · +995 551 00 43 00 · info@mmlaw.ge
